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We hanged people at Nuremberg for incitement to genocide. Genocide is a crime with a very specific meaning. Yes, bad-faith actors can abuse a law prohibiting incitement to genocide, but the same can be done with any law.
Advocating for genocide is not free speech - it's attempted mass murder. Two people talking with each other and conspiring to kill someone else isn't protected speech - it's just conspiracy to commit murder. And if plotting to kill one person isn't protected, plotting to kill thousands or millions shouldn't be protected either. These people are plotting to commit genocide, and their intention is to use the power of the state as their murder weapon.
We need to prosecute attempted genocide and conspiracy to commit genocide as vigorously as we would any plot to kill any individual. But we have this weird blind spot where if someone plans to commit murder on a large scale using the state as the murder weapon, that somehow we don't recognize it as the same fundamental crime. Murder is murder. Killing is killing. Conspiracy to commit murder is conspiracy to commit murder. Whether the weapon is your own bare hands or the apparatus of a nation state. Advocating for genocide is nothing less than conspiracy to commit genocide.
You say that as our politicians at this you say that as our politicians at this very moment are claiming that those opposing genocide are advocating for genocide.
I disagree with this take. The Nazis that were hanged at Nuremberg trails weren't killed because of speech or beliefs, they were killed because of their actions. They actually carried out a genocide, that's what they were guilty of.
I actually disagree with this relatively new movement that pushes for hate speech laws because they're something that's inherently arbitrary and subjective, and they can and will be weaponized to serve nefarious agendas. Principles like freedom of speech MUST be applied universally and fairly in order for them to mean anything. Freedom of speech exists to protect offensive, controversial, and unpopular opinions against censorship because what can be considered any of those things can change at any time.
For example, 60 years ago being racial equality was viewed as seemed very controversial and unpopular, but today? The opposite. However, in 60 years, public opinion on these views could flip again. If we pass laws that outlaw racist views as hateful, then it's very possible that these laws could be changed at any point in the future to outlaw anti-racist views as hateful. I don't want to ever live in a society where I'm being legally punished for arguing against segregation. Establishing such precedents is very dangerous and history has shown us that the consequences of these laws aren't always what they were intended.
I think the US freedom of speech laws as they are federally defined are the golden standard. They take into account all the reasonable exceptions, while maintaining a universally applied standard for everyone. If any individual turned their words into actions or clearly had the intent to take action then they'll be persecuted for their actions. That's the way it should be.
You are simply wrong in this case. We hanged Nazi propagandists, as we recognized that they were committing conspiracy to commit genocide.
https://en.wikipedia.org/wiki/Julius_Streicher
But these are two different things though. In this case Streicher was taking action. He was directly working for the Nazi party, and his job was to convince people that the Nazi crimes were not only okay, but they should be celebrated and expanded. His actions actively aided the genocide, he was a part of the Nazi machine. That's not a private citizen with personal opinions and beliefs.
That's very a big difference between him and some modern neo nazi who spends all day picking his nose, scratching his ass, and posting on 8chan about the world is controlled by the "joos". As long dickheads like this keep their vile views to themselves, then I don't think they should be legally persecuted simply for holding vile opinions. However, the moment their words turn into actions or the clear intention to implement neo nazi bullshit, then that's when they should get persecuted by the law.
Kirk was directly tied into the Trump administration. He himself sent busloads of followers to help storm the capital. Kirk's jobs was to convince people that the genocidal plans of the Christian Nationalists are OK and should be celebrated and expanded. By the time you get to the level of power and influence of Kirk, you're not really a private citizen anymore. He was instrumental in getting Trump elected. Yes, he doesn't have a formal position in the government, but most of the charges against Streicher were for things that had nothing to do with the little bit of power he briefly had.